HomeMy WebLinkAboutCC Ord 1438-A 1999-08-23
ORDINANCE NUMBER /!J3l-;;--
I
AN ORDINANCE OF THE CITY OF SEAL
BEACH RE-ADOPTING ZONE CHANGE 98-1
,
(DEVELOPMENT AREA "c'') AND
ADOPTING THE OLD RANCH TOWNE
CENTER DEVELOPMENT PLAN OVERLAY
(BIXBY OLD RANCH TOWNE CENTER)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN
AS FOLLOWS:
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Section 1. After a duly noticed public hearing to consider, inter alia, Zone
Change 98-1, the Planning Commission recommended denial of General Plan Amendment
98-1, and did not therefore make a recommendation to the City Council regarding Zone
Change 98-1. On November 23, 1998, after conducting duly noticed public hearings, the
City of Seal Beach adopted City Council Resolution No. 4660, certifying the Final
Fnvironmental Impact Report and adopting a statement of overriding considerations for
the Old Ranch Towne Center project. Thereafter, the Council adopted Ordinance No.
1438, amending the Zoning Ordinance and Zoning Map of the City of Seal Beach to
change the mning of the subject property designated as Development Area "C", as more
particularly depicted in the maps attached hereto as Exhibit" A". On August 3, 1999, the
Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et al.
v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals
relying on the Final EIR. On August 16, 1999, the City Council adopted Resolution 4726,
vacating Resolution No. 4660 and any approvals relying on the Final EIR, subject to and
pending further Court order.
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Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ U.C and III
of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft
Environmental Impact Report (OElR), to study the environmental impacts arising from
the proposed Bixby Old Ranch Towne Center Development Plan and related General
Plan amendments, including this amendment. The DElR was circulated for public review
and comment from April 15, 1998 to May 29, 1998, in compliance with the provisions of
the California Environmental Quality Act (CEQA) and the City's Local CEQA
Guidelines. Upon completion of the public review period, a Final Environmental Impact
Report was reviewed by the Planning Commission at a public hearing held on September
9, October 21, and November 4, 1998. After the public hearing, the Planning
Commission found, through the adoption of Planning Commission Resolution No. 98-37
that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact
Report (ElR) is adequate under CEQA. After considering the Final EIR and public
testimony thereto at a public hearing on November 9 and November 17, 1998, the City
Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting
a statement of overriding considerations. On August 23, 1999, the City Council
conducted a public hearing to consider revisions to the EIR and a statement of overriding
considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior
Court. The approval of this ordinance is within the scope of the project analyzed in the
Final EIR, as revised, and City Council Resolution No. 4728 is hereby incorporated by
this reference.
Section 3. The City Council held properly noticed public hearings regarding
Ordinance No. 1438 on November 9 and November 17, 1998. The City Council held
another public hearing on August 23, 1999 to reconsider adopting Ordinance No. 1438
pursuant to the August 3 writ issued by the Orange County Superior Court.
Section 4.
Based upon the foregoing, the City Council hereby finds, inter alia:
Ordinance Number /~,8-/!-
(a) Based upon substantial evidence in the record of the City Council
hearings regarding the application, and in the environmental documentation prepared ,in
conjunction with this project, and pursuant to n 28-2600 and 28-2602 of the City's
CW, the City Council hereby finds that Zone Change 98-1 will be beneficial to the
short term and long term land use goals of the City of Seal Beach. The City Council
further finds that Zone Change 98-1 will promote the public health, safety and welfare.
Therefore, the City Council finds that Zone Change 98-1 will be in the public interest,
and makes the following findings of fact:
(b) Zone Change 98-1 will conform land uses to those set forth within
the General Plan for the subject area, and provide a comprehensive development which
accomplishes the following goals of the City in achieving sustainable development on the
subject property:
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1.
2.
recreational purposes.
3. Creates a comprehensive development program for under-
utilized and vacant properties.
4. Permits development that does not interfere with the
operational capabilities of the Los Alamitos Armed Forces Reserve Center.
5. Provides development that is at least fiscally neutral and,
more likely, fisca1ty beneficial to the City.
6. Adequately mitigates project-related traffic and noise
Preserves the existing golf course.
Dedicates the Old Ranch Tennis Club to the City for
impacts.
7. Responds to concerns from the unincorporated community
of Rossmoor regarding noise, light and glare, and "cut-through traffic" impacts by
prohibiting any development south of St. Cloud Drive and limiting exiting movements
from the retail shopping center at St. Cloud Drive to right and left turn movements only.
Exiting the shopping center across Seal Beach Boulevard at Sl. Cloud Drive into the
Rossmoor community will be physically prohibited.
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(c) The project will a1tow for a reasonable range of land uses on the
subject property, recognizing the various site constraints discussed in the ElR, with the
provision of various land uses to address the identified objectives of the City.
(d) The Bixby Old Ranch Towne Center Development Plan and the
necessary zoning changes will not be detrimental to the short term or long term goals or
objectives of the City of Seal Beach and are in the interest of the public health, safety and
welfare. The zone change set forth herein is consistent with the General Plan, as amended
concurrently with this approval.
(e) The establishment of a Bixby Old Ranch Towne Center Concept
Plan zoning overlay will ensure that the project will be developed over time consistent
with the plans approved by the City Council.
Section 5. Based on the foregoing, the City Council hereby adopts Zone
Change 98-1 (Development Area "C"), and amends the Zoning Map of the City of Seal
Beach as follows:
(a) The area designated as Development Area C in the Bixby Old I
Ranch Towne Center Development Plan, as revised by the City Council and by the
applicant as shown on proposed Vesting Tentative Map No. 15797 and proposed
Tentative Tract Map No. 15767, shall be zoned Recreation-Golf (R-G) with an Old
Ranch Towne Center Development Plan Overlay.
This zone change is more particularly depicted in the map attached
hereto as Exhibit "A", designating Development Area "C", with an accompanying
legal description.
Ordinance Number /f'3$.,( -
Section 6. Based on the foregoing, the City Council hereby amends the
Code of the City of Seal Beach as follows:
(a) Section 28-1903 is hereby added to Article 19 of Chapter '28 of
the Code of the City of Seal Beach to read as follows:
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"Section 28-1903. Old Ranch Towne Center Development Plan Overlay. There
is established in the R-G Zone the Old Ranch Towne Center Development Plan
Overlay. All development in that portion of Planning District 6 designated as
"Development Area C. in the Bixby Old Ranch Towne Center Development
Plan shall be in conformance with, and limited to, the plans, specifications and
proposed uses so approved. All land uses subject to the overlay shall comply
with the otherwise applicable development standards of the R-G Zone. "
PASSED, APPROVED AND ADOPTED by the ~ncil of the City of Seal
Beach at ~;g th~ held on the _ day of
~ ,1999.
Ma~ r
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Ci
erk
STATE OF CAUFORNIA }
COUNrY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M. Yea, City Clerk of the City of Seal Beach, California, ~~rtify that
the foregoing ordinance is an original copy of Ordinance Number ;. ~ on file in
the office !b Uthe City Clerk, introd~ ~ meeting held on the
, day of ~ ' 1999, and passed,
approved an~qptsd by the City Council o~ . of ~ ~ at a meeting held on
the :.;;J.t;,l. day of ~ ,.-A Z , 1999 by the following
vote:
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AYES:
Councilmembe
NOES:
ABSENT:
Councilmemb
Ordinance Number/t/~-t1- EXIllBIT "A"
(Map Depicting Development Area "e",
and accompanying legal description)
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IIXBY RANCH COIIPAHY
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Ordinance
Number/~B~/I-
Legal Description - Development Area "C"
Area C (157.290 Acre Commer.cial Recreational Use)
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In the City of Seal Beach, County of Orange, State of California, being an undivided
portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base
and Meridian, in the Rancho Los A1amitos, as per the map filed in Book 14, Page 31 of
Deeds, in the Office of the County Recorder of said county, described as follows:
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BegiMing at the northeast corner of the southwest quarter of the northeast quarter of said
Section 31; thence southerly along the east line of the southwest quarter of the northeast
quarter of said Section 31 a distance of 1082.46 feet to the southeasterly-most corner of
Vesting Tentative Map Number 15797, said point also being the TRUE POINT OF
BEGINNING; thence southerly along said east line of the southwest quarter of the
northeast quarter of said Section 31 to the south line of the northeast quarter of said
Section 31; thence easterly along the south line of the northeast quarter of said Section 31
and the south line of the northwest quarter of said Section 32 to the northerly right-of-
way line of Lampson Avenue, 80 feet wide; thence westerly, southwesterly and
northwesterly along said northerly right-of-way line to the easterly right-of-way line of
Seal Beach Boulevard, 80 feet wide; thence northerly along said easterly right-of-way
line of Seal Beach Boulevard to the southwest corner of the land shown on Tentative
Tract Map Number 1576,7; thence departing said Seal Beach Boulevard right-of-way S
89048'30" E a distance of 289.76 feet; thence N 00011 '30" E a distance of 58.69 feet;
thence N 45011'30" E a distance of36.64 feet; thence S 89048'30' E a distance of 534.73
feet; thence N 00011'30" E a distance of319.03 feet; thence N 00011 '30" E a distance of
209.42 feet; thence N 45011 '30" E a distance of 35.36 feet; thence S 89048'30" E a
distance of 74,75 feet; thence S 00011'30" W a distance of 17.19 feet; Thence S
89048'30" E a distance of330.08 feet to the TRUE POINT OF BEGINNING;
The above describes an area of 157.290 acres, more or less.
* * * *
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Ordinance Number li.3li'-t'f-
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
'j am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
Oily of Seal Beach, County of
;;,.Orange and which newspaper has
~een adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dales, to-wit:
.~; c.) !'<r 1<"2-
all in the year 1999.
I cerlify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this~dayof NG....JJ.,---, 1999.
~
A~
,
Signature
PUBLICATION PROCESSED ~Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
This space is for the County
Clerk's Filing Stamp
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Proof of Publication of
NOTICE OF PUBUC HEARING - L COnditional Use Permit 98-15 _ e
Maman 5erJlOl care facllrty
NOTICE IS HEREBY GIVEN that In M Eucalyplus Tree Permit 99-1 _
eccord.nce With the AuguaI3, 1998 Removal of eUCB1rpfus Irees WIth.
Writ of Mandate I..ued by the In Areas "A- and S- (commercral
Or.ng. County Superior Court, the development areas)
Clly Council of the City of 5'11 .
Beech will hold. public h..rfng on N. Vesllng Tenlallll8 Tracl Map No
Monday, August 23, 1999 at 7:00 15197 - 75-lot restdenhal8UbdJ_
p.m. In the City Council Chamb..... VISion
211 Eighth Street, Seal Such, Cat~ 0 Conddtonal Use PerrnIIQ9..5 _ on- .
ltomla to: g:nuse alcohol salea at SaY-On
1 ConsIder RevlsJons to the Bacbv Old 9
Ranch Towne Cent.r FlnafEIR Project Overview: The proposed
(SCH 97091077) - CerttficaIion of lTIIXed.use prOled conslSm of com-
f:IR by City CounCil, Adoption of rI14IrclaJ, re~dentlal, recreatlonal,_
Statement of Overriding COnsIder. t inSIIIUhonal, and open space uses
atlOns, and as previOUsly approved by the City
j Council In Novembec \991, and as
2. ReconsIdet'. descnbed In the RevIsed EIR under
A General Plan Amendment 98-1 _ . conslderabon as part of thiS publiC
Amendments to venoUI elements:' heating. The EIR approval was
of the General PSan to maintain con- chalJenged by severat parties and
IIStency between lh8 General Plan -I the City has been Instructed by the
ancIlhe approved prOject Coun 10 set aside, vacate. sncf voed
ResoIubon No 4660 approved on
1. land Use Elemen1 Amendment November 23, 1998, clfbfyang th,
2 Open Space/Co(lser- Final EIR for the PIOI8d.1h8 NOde,
vahO~ecreatlon Element of Determination filed on Novem-
3 Bicycle Route Element ber 24, 1998, and any and all
4 Houl!!'l9 EJement acllons at any body thai rely In
5. CIrculatIOn Element whOle or U1 part on the ~ Ranch
6, N.... Elorne.. EIR, '!'Cfudmg Iho SIHIIBeaCh f'Ian.
B. Zone OwIne 98-1 -AmMdrnents n1ng ConmIsslOn
to Zoning Qap to maintain COrlSl. ThlI sfte IS approxmaIeIy 218 acres
Iency _Iho ZonIng Map and In 8lZO, Tho mOJar project c;ompo-
the Genllat Plan' nentl are 88 follows "/, 288.967
S G aI Iguare fool retail shaDD ng cenler
1 TeMlS Club 118 - enll (lDevelopment Area .Tk)' (2) 104
Commercial (C-2) to PubliC .
lint Use (PI I" room hotel, 15,000 square feel of
Are "A" d '8- . restauranls, 16O-bed senior 1IS8i8t.
2. Development as an - ed living facility 5 acres greenbelt
- General eommo_ (0.2) (D8Yolopmon. Area 'S"); (3) 157.
and Recreabon-Gott (A-G) to acr. reconf'gured prtvata golf
Gen81at CommerclallC.2) COIJ(S8 and a pnvateJpubJIc dnVl~
3 Dovolopmont Area 'C - Gon- ranll8 (Development Area "C1; (4)
erat Commeraal (C.2) and 75-b detached r8Sldenbal SUbdMo
Recreatlon-Goll (R-~) to .011 and 2 5 acre cornmunky park
Aecreahon Golf (R-G) (Development Area .O"t and (5)
4 Development Area -[j- - Gener. dedIcatIOn of eXisting 6 "35 Bixby
01 Cammon:IaIlc.2) and Old Ranch TennIS ClUb IIleto CIty
Rocrea_ (R-l3) .. Ro... (DOVOlopmo.. Area "E1,
dontJoI M_m Don..ty (RMD)
Code Secllon.: S8CIIon 28.2600
C. TentatlV8 Parcel Map No. 97-165 _ Zone Changes
- parcellzatlon of 13 S7-acre CXJm- Section 28-2503-2504 _ CondI-
merctal sde banal U.. Pllll11dS
o TentalNe Tract Map No 15787 - SecIIon 28-1803 _ Planned Sign
parcellzldion 01 28 045-acre corn. Program
mercia! shopping center Section 28.2317(4) _ Height
E. Do'IOIopmonI AgroemonI- Spoc:. VOl_OS
IfIes duties and responSIbilities 01 Secbon 28--2751-2770- Devel-
City and BIXby Ranch Company to opmenl Agreements
ensure project completIOn rd com- 0 T
pfIance with all mitigation measures Section 7 -4 - E~ptus ree
and conddtons Perml18
~er21.Su~ons
F. Site Plan ReVIew 98-1 - Site plan
revl8w for 26.04S-acre shopping AppUCllnt: Bixby Ranch Company
center devetopment Kltch88 DeveJopment Company
Manton Senior Uvlng ServlC4ls
G. Condlllonal Use Permll 98-16-
dl'Ne-through Window and 24-hour Owner: BIXby Ranch CotJIpany
operatlOf1 rOt proposed drug store KItchell Development COmpany
within 26.045-acre shopping cen- Mamoll Senior living ServlCBs
. ler Ai the above hme and place an Inter-
H. ConditIOnal Use Permll98-17 - ested persons may b. heard.I' so
home center and ouldoot garden deSIred at you chBllenge the pro~
center actIOnS In COUrl, you may be limited to
JBIl1ng orIv those Issues you or sam.
I. SIte Plan RevI8W 98-2 -freeway on. al8l1 r8lsed aI: the public hearing
ldentlflcabon Ilgn described In \hi.. notIc8, or m wnt\8n
J Height Varlabon 98-5 - archlllC- corre~dellC8 delivered to th. City
, \UIlll1oaluroa above 35-1Ilol....ghl of Sool_ 01, or pnor ",!ho pub'
; Om. -, - lie 1Io001ng.
tc.Planned Sign Program 98:1 _ DATED~Is9lhdlly'oI~st. 1999
overalllhopplng center lIan ~ro- Joanne M.-Yeo, CIty ClerIC ~ _ -:.~ '.
gram . . I PubIIshoilliilho.llllal~!!IIn.p~-
nal.~ /r' ta., ~GI
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Ordinance Numbe~~~~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
-j am a citizen of the United States
and a r'esident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
Oity of Seal Beach, County of
~Orange and which newspaper has
;been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wi!:
~Gv~ "2-6
all in the year 1999.
Proof of Publication of
...............................................
...............................................
"_ ~':~ . " SUMM~AY _~. ,".
. , ORDINANCE NUMBER;;",
,.1438-A....: BIXBY OLD RANCH
, ' ,TOWNE CENTER':' ZONE
. CHANGE 88-1 - OLD RANCH,
.' ': ~ GOLF COURS!ii ' ,
, oitIrianco NuQ,ber 1438-A 011110 Qty
i a1__ _... 2ano C!>&nl1O
, 98,UDr 1110 _ Old R"""" Devil.
I ~pmenl Areas ~,. establishing.
RecreabonJGoJf ZOnl!!g deslgnallon
, with an Old Ranch Towne Center'
!lov&IaImoriI Plan llwlrlay, OntIl1lll1CO
o Numb8r 1438-A was Infta(tuced at the
. '_Iar,"*,wnBd _held an !he
~ 161h day 01 Augilat, 19911 by the fDI.
.~ lOWIng vole: .'
-4~S: Boyd, ~ec Snow, Yost '
:NOES: CempbOlI:' . ," :..-. -1'"
;1:,.( I " . ;.. . Mollon CIUTIid.
"Copl.. aI Ordlnenco Number 1439-A
are av_ from !he DllIco 01 !he Cdy
"CIerk, Cltv Hell, 211 . 9Ih Snit. _
,', Beech: tB1ephOllB (582) 431-2527,
. DATED THIS' 19th day of August.
1999, ,'...' "'" ",
~.~.'M ,Yea, C!.iY'a.;t, . ~.,
-'CIl)iofSoBl8B1Idf "C""." ','
~. pubi'.h.ed..~n.lh. Seal B.~h" su;'-,
1112e199" ,--' ,I
" ..-~:.... ;" .
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this -vC day of A--Gv P;-, 1999.
A-/rG
" Signature
PUBLICATION PROCESSED /?Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
'(562) 430-7555 . (949) 759-7726
Ordinance Number /1t!:JIJ.#';f--
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
'1 am a citizen of the United States
and a r.esident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
Oity of Seal Beach, County of
il>,Orange and which newspaper has
rbeen adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
>e-r&..S6iL- "2--
all in the year 1999.
I
Proof of Publication of
...............................................
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1 :.:o~:;:=C~A:JM~~R >_:
~143ll-A -" BIXBY OLD RANCH
, TOWNE CENTER - ZONE.
, "CHANGE 98-1 - OLD RANCH
, ,,,..:,GOLfl;OI!,R'E. "0'."
'OnIlruinca Numiiei '438'A altho QIy
01 Seal Besch ...-:lone ChangO
98-1 for the BlxbV Old Ranch Devel-
op-ment Areas .C,. establishing a
Recreallon/Golt zoning designation
with an Old Ranch l:owne C~mter
.. DeveIopmonl Plan Qwlitay, Ord,nOllCll
. Number 1438-A recelved-aecond
"'oadIno and was adopIe!!" Ill. reg-
. ular ac1Joumedlregular City Council'
I 'meeting held on the ~3rd ~ay of
Aug...,1... by tho follOwIng Yolo: I
~.AYES: -~. Doane. Snow. Yolt ~-
':.NOeS. Campbell .. ;.. --......od-
'.,.... ",' Modon......"..~
~eoPl~ of Ordtn~ Numta.1438-A
... ovalloblo from tho _ oIlh8 Clly
I Qerk CIlv Hall, 211.. 8th Sire., Se8I
~. BeRCh, telephone (582) 431.2527
'.DATEO THIS 24th ~av of ~ugu.t,
1.1999.. , .',. . "'''..:.:-
L',JoaMe M Yea, CIIy-a.,k .-- "
CllyolSool_ ,. . .' " "
Publlsh.BeI In the .~~~l; B..~~..~l!n .
~i~:'. .... :.....-....;.: '.--=-1
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this .-z.- day of <::'.s,r-. , 1999.
/I ~--
Signature
PUBLICATION PROCESSED I?Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
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